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Miranda Reading Not Always Required in School Setting

February 25, 2013, by Collins & Collins, P.C.

In most situations in New Mexico, a criminal suspect being held for an interrogation must be read his or her Miranda rights. For Miranda rights to kick in, the suspect must be subject to a custodial interrogation. One hallmark of the custodial interrogation is that the subject does not feel free to leave. This takes […]

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No Presentence Credit For Juvenile Youthful and/or Delinquent Offenders

November 19, 2012, by Collins & Collins, P.C.

The New Mexico Delinquency Act creates three different types of juvenile offenders. The juvenile criminal offender‘s classification is very important, because it determines whether they may be tried as an adult. This in turn will determine the possible penalties they can receive. A “serious youthful offender” is a child from 15 to 18 years old […]

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Consent by a Minor to Warrantless Search in New Mexico

August 7, 2012, by Collins & Collins, P.C.

The Fourth Amendment to the U.S. Constitution and Article II Section 10 of the New Mexico State Constitution prohibit unreasonable searches by government official and require that a judge issue a search warrant authorizing the specific location and/or object to be searched. A warrantless search, therefore, is presumed to be unreasonable unless one of the […]

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Do Minors Have Broader Rights Under the 4th Amendment Than Adults?

April 23, 2012, by Collins & Collins, P.C.

The 4th Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. The New Mexico Children‘s Code further protects juveniles and sometimes expands their constitutional rights. In a recent opinion involving juvenile criminal charges, however, the New Mexico Court of Appeals held that in relation to 4th Amendment searches and seizures, under the […]

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Timely Preliminary Hearings for Juveniles Facing Adult Charges in New Mexico

April 18, 2012, by Collins & Collins, P.C.

In New Mexico there are time limits that prosecutors and courts must adhere to in order to ensure due process. One of the limits involves timely preliminary hearings. These time limits are very important to the rights of accused persons. They are taken seriously by the courts of New Mexico and often the form the […]

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Timely Preliminary Hearings and Juveniles Charged as Adults in New Mexico

April 3, 2012, by Collins & Collins, P.C.

In New Mexico there are time limits that prosecutors and courts must adhere to in order to ensure due process. One of the limits involves timely preliminary hearings. These time limits are very important to the rights of accused persons. They are taken seriously by the courts of New Mexico and often the form the […]

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Youthful Offender, No-Bills and Time Limits in Juvenile Criminal Cases

March 6, 2012, by Collins & Collins, P.C.

The juvenile criminal process in New Mexico differs in several ways from the adult process. In some ways juveniles are granted more favorable rights than adults, including such procedural an due process protections as the guarantee of a speedy trial. In State v. Castro, the New Mexico Court of Appeals recently discussed the effect of […]

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Judge, Not Jury, Decides Whether to Charge Juveniles as Adults in New Mexico

December 18, 2010, by Collins & Collins, P.C.

Juvenile criminal offenders may be charged as adults for the commission of very serious criminal offenses. In order to charge the child as an adult, and thereby expose the child to adult criminal sentencing, the Court must conduct an amenability hearing. The amenability hearing is held to determine whether or not the juvenile is amenable […]

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Juvenile Criminal Probation in New Mexico

November 19, 2010, by Collins & Collins, P.C.

The great majority of juvenile criminal cases, whether misdemeanor or felony, do not go to trial but end with a plea bargain. As part of the plea bargain the delinquent child is usually put on probation. As soon as the plea agreement is signed the judge orders the delinquent child to meet with an intake […]

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Juvenile Drug Court: A Double Edged Sword!

November 9, 2010, by Collins & Collins, P.C.

As part of the rehabilitative approach of the juvenile criminal justice system, judges, defense counsel, prosecutors, and juvenile probation take a progressive approach in dealing with juvenile delinquents. For example, each county will typically have its own drug court program which is an alternative to prosecuting a child with substance abuse issues. Drug Court takes […]

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